McDERMOTT v. McDERMOTT

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The appropriate remedy for any perceived inequity in a pendente lite award is a prompt trial ( see Rizk v. Rizk, 254 A.D.2d 403, 404; Byrne v. Byrne, 240 A.D.2d 689; Shipman v. Shipman, 237 A.D.2d 426). The defendant wife established that she has only meager income and assets. She further submitted evidence indicating that the defendant husband has possession and control of substantial marital assets, the disposition of which he failed to adequately explain and substantiate.

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.